Act 125 of 1995 on the National Security Services - Legislationline

(1) A regular member <strong>of</strong> the National Security Services shall
a) qualify as a person performing an important and confidential job;
b) exercise his/her citizen’s rights within the limits specified in this <strong>Act</strong> and in the separate law
on service legal relationships;
c) not be a member <strong>of</strong> a party, nor pursue any political activities;
d) announce to the general director in advance his/her intent to enter a social organisation; the
general director may forbid membership, if that is incompatible with the pr<strong>of</strong>ession or the duty
roster, or if it violates /threatens the interests <strong>of</strong> the service (conflict <strong>of</strong> interest);
e) not pursue an activity which is unworthy <strong>of</strong> a regular service relationship, or would threaten
the impartial, uninfluenced fulfilment <strong>of</strong> the service functions;
f) establish another work-related legal relationship with the advance permission <strong>of</strong> the general
director; the permit shall be refused in the cases defined under Point e), and if the establishment
<strong>of</strong> the legal relationship concerned is incompatible with the pr<strong>of</strong>ession or the duty roster; if it may
give an opportunity to abuse information acquired in connection with the service legal
relationship, or if it interferes with/threatens the interests <strong>of</strong> the service.
(2) A regular member <strong>of</strong> the National Security Services shall
a) take an oath,
b) fulfil his/her duties defined in the duty roster in accordance with the relevant legislative
requirements,
c) obey the instructions <strong>of</strong> his/her superior, bearing in mind the provisions <strong>of</strong> Article 27,
d) assert the national security interests <strong>of</strong> the Republic <strong>of</strong> Hungary by all legal means and
protect them, if necessary, at the risk <strong>of</strong> his/her life.
Article 23
(1) Civil servants perform jobs at the National Security Services that do not require the
establishment <strong>of</strong> a regular service relationship implying special requirements.
(2) The National Security Services may establish a public employment legal relationship with a
person who complies with the employment criteria specified under the <strong>Act</strong> on the legal status <strong>of</strong>
civil servants, and consents in writing to security checks for the purpose <strong>of</strong> the
establishment/maintenance <strong>of</strong> the legal relationship.
(3) Regular service jobs may be re-classified as civil servant jobs and civil servant jobs as
regular service jobs. The legal relationship <strong>of</strong> the re-classified staff is subject to the provisions <strong>of</strong>
a separate law.
Article 24
The National Security Services staff shall exercise discretion regarding the state and service
secrets <strong>of</strong> the National Security Services and their activities having come to their knowledge, and
they shall keep and protect such secrets. Relief from this obligation may be granted by the
Minister and the general directors <strong>of</strong> the National Security Services. The secrecy obligation <strong>of</strong> the
National Security Services staff shall prevail after the termination <strong>of</strong> their employment.
Article 25
Regular members <strong>of</strong> the National Security Services may be granted an intelligence service
bonus corresponding to a maximum <strong>of</strong> 25% <strong>of</strong> their normal duty allowance. The jobs implying
eligibility for the bonus shall be defined by the Minister, upon the proposal <strong>of</strong> the general
director. This bonus shall not be taken into account in the calculation <strong>of</strong> the service period
supplement.
Basic principles <strong>of</strong> the operation <strong>of</strong> the National Security Services